Last week the Privy Council dismissed an important appeal that has brought an end to one of the worst cases of brutality by a police officer in our nation’s history. It involved the shooting, at point-blank range, of an innocent 22-year old boy from Penal. He was shot in the face and suffered horrific injuries. Despite my best efforts, the guilty police officer has never been charged or disciplined and has since been promoted.

In a unanimous judgment delivered by Lord Brown, the PC adopted the strong views expressed by High Court judge Justice Nolan Bereaux that police officer Visham Boodoosingh’s defence was “grossly untrue” and “nothing more than a well-rehearsed contrivance.”

Lord Brown also repeated Justice Bereaux’ cry for justice by quoting the strong sentiments expressed in his judgment as follows:

“I am driven to describe PC Boodoosingh’s account as a boldfaced lie. That (the victim) has escaped with his life was an act of forbearance of the Almighty; that Boodoosingh escaped a criminal prosecution is a travesty of justice. In my judgment he is lucky not to have been charged with attempted murder.”

Here are the facts: Over six years ago, on August 9, 1998, 22-year-old boy called Richard Ramnarace was shot at point-blank range by Constable Visham Boodoosingh at a bar in Penal owned by Boodoosingh’s wife. Ramnarace had gone to the local restaurant and bar with his brother and two friends for a lime after a hard week’s work. He saw two guys harassing one of his friends who had gone to get some drinks and went to “make peace.” Instead, he was slapped, choked and his jaw blown away by a single gun shot wound that left a gaping hole on the left side of his face where his jaw was.

Doctors at the San Fernando General Hospital performed emergency surgery that involved the excavation of close to one pound of flesh from his hip to plug the gaping hole in his face. Ramnarace was bleeding profusely; he had lost seven teeth, the tip of his tongue was grazed off, his lip was shredded, and his jaw blown away. His face was wired shut after the operation and he was fed via a straw through a space where his front teeth once were. His pain and suffering were excruciating and indescribable. His face was disfigured for life and he cried like a baby every time he looked into a mirror.

In July 2001 Justice Bereaux delivered a written judgment in favour of Ramnarace in a civil action for assault and battery against PC Visham Boodoosingh. The court found that the shooting was “wilful” and “callous” and ordered Boodoosingh to pay Ramnarace over $350,000 in compensation. Boodoosingh unsuccessfully appealed to both the Court of Appeal and the Privy Council. He has now exhausted all his legal options. He has reached the end of his rope.

Subsequent to the delivering of this judgment former Assistant Director of Public Prosecutions (DPP) Ms Indra Ramoutar-Liverpool had written to the then Prime Minister and Minister of National Security, Mr Basdeo Panday to say that she was in charge of the southern office of the DPP at the material time and had strongly recommended the laying of charges against Boodoosingh, because the evidence against him was “cogent and compelling” (see Guardian, July 21, 2001).

The then DPP, Mr Mark Mohammed, SC, promptly said he would review the file because he may not have had all the evidence that was before the High Court (Guardian July 22, 2001). I personally wrote DPP Henderson after Boodoosingh had lost his appeal in the Court of Appeal, enclosing copies of the notes of evidence, demanding criminal prosecution. To date, the only thing that has happened is that Boodoosingh has been promoted by the Police Service Commission to the rank of corporal! The travesty of justice has become even worse!

Why, pray tell, has the DPP, the Commissioner of Police and the Police Service Commission ignored the strong pronouncements from all the courts? Has someone accepted a bribe? Is there one law for police officers and another for ordinary poor people? How can society allow such a travesty of justice? With interest, the money owed to Ramnarace is over $600,000.

Boodoosingh has never paid one red cent. Where is the justice in all of this, I ask? He has cleverly transferred all his assets.

Ramnarace’s journey for justice has come to a bittersweet end. Today, I wish to ask Mr Geoff Henderson, Mr Trevor Paul and Mr Christopher Thomas, “Where’s the justice for Ramnarace?”